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Contracts Keyed to Kuney
Bishop Logging Co. v. John Deere Industrial Equipment Co.
Citation:317 S.C. 520, 455 S.E.2d 183 (1995).
In 1988, Bishop Logging sought to create a fully mechanized swamp logging system to safely harvest hardwood from the South Carolina swamplands. This was a new concept and Bishop Logging sought products from John Deere in order to create the package needed. All of the equipment from John Deere came with a “New Equipment Warranty” in which John Deere agreed to repair or replace the equipment during a certain period. John Deere also agreed to assume part of the risk despite the unusual use and modification on the equipment. The Warranty, however, disclaimed any express or implied warranties other than those contained in the Warranty and limited remedies for a breach to repair or replacement of defective parts.
After delivery of the equipment, Bishop Logging experienced many issues and the equipment continued to malfunction despite repairs. Bishop Logging was never able to make production.
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